5301 - Commanding officer's nonjudicial punishment.
CHAPTER 53 NONJUDICIAL PUNISHMENT Sec. 5301. Commanding officer's nonjudicial punishment. Enactment. Chapter 53 was added August 1, 1975, P.L.185, No.91, effective January 1, 1976. § 5301. Commanding officer's nonjudicial punishment. (a) General rule.--Under such regulations as the Governor may prescribe, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one of the following disciplinary punishments for minor offenses without the intervention of a court-martial: (1) Upon an officer of his command: (i) withholding of privileges for not more than two consecutive weeks; (ii) restriction to certain specified limits, with or without suspension from duty, for not more than two consecutive weeks; or (iii) if imposed by the Governor, the commanding officer of a division or a wing or a separate brigade or a similar organization, a fine or forfeiture of pay and allowances of not more than $100. (2) Upon other military personnel of his command: (i) withholding of privileges for not more than two consecutive weeks; (ii) restriction to certain specified limits, with or without suspension from duty, for not more than two consecutive weeks; (iii) extra duties for not more than 14 days, which need not be consecutive, and for not more than two hours per day, holidays included; (iv) reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command; or (v) if imposed by an officer exercising special court-martial jurisdiction over the offender, a fine or forfeiture of pay and allowances of not more than $10. (b) Limitations imposed by Governor.--The Governor may, by regulation, place limitations on the powers granted by this section with respect to the kind and amount of punishment authorized and the categories of commanding officers authorized to exercise those powers. (c) Appeal from punishment.--A person punished under this section who considers his punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided. The officer who imposes the punishment, his successor in command, and superior authority may suspend, set aside, or remit any part or amount of the punishment and restore all rights, privileges and property affected. (d) Additional court-martial proceedings.--The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section. The fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. (e) Application of forfeiture.--Whenever a punishment of forfeiture of pay and allowances is imposed under this section, the forfeiture may apply to pay or allowances accruing on or after the date that punishment is imposed and to any pay and allowances accrued before that date. (f) Court-martial in lieu of punishment.--Punishment may not be imposed upon any member of the State military forces under this chapter if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Cross References. Section 5301 is referred to in section 5708 of this title.